When it comes to filing an insurance claim, a bicycle accident is high on the list of reasons that Canadians may need benefits. In fact, the number of people who may need bicycle accident compensation is actually growing. Whether you cycle to work or for recreation, do you know your options when it comes to filing a claim? Read on to learn more about bicycle accident compensation and how hiring an experienced lawyer like Derek Wilson can help the process go more smoothly.
How Do Bicycle Accidents Commonly Happen?
Bicycle accidents happen most often when cars and cyclists share the roads. The number of Canadians who choose bicycling for either recreation or as a means of commuting has nearly doubled in the last twenty years. While this reflects an increase in people choosing to cycle over another method, such as driving, it’s also a reflection of the nearly 40 percent population growth that metropolitan areas have experienced in that time.
What Kinds of Injuries Can Result From Bicycle Accidents?
Being a cyclist involved in a car accident means you may suffer from life-altering injuries — often multiple injuries. Unfortunately, the risk of severe injuries to a cyclist hit by a car is high.
Some common injuries seen in cyclists involved in a collision with a motor vehicle include:
- Concussions or Traumatic Brain Injuries
- Spinal cord injuries
- Catastrophic injuries
- Paralysis
- Bicycle accident fatalities
- Broken bones
- Permanent disability
- Neck and back injuries
In some cases, injuries suffered by a cyclist are fatal. Every year in Canada, an average of 74 cyclists die in cycling collisions, and 73 percent of those involve a collision with a motor vehicle. The impacts of your injuries may range in severity and can negatively impact your quality of life and your livelihood. You may require extensive rehabilitation or even life-long medical treatment, and you may experience severe psychological trauma.
What Should You Do After a Bicycle Accident?
In Ontario, a cyclist has two avenues to claim for accident benefits when hit by a motor vehicle. Depending on who is at fault for a crash, an injured cyclist can file a claim for no-fault benefits and start a lawsuit. Here are the two pathways to bicycle accident compensation.
- Accident benefit claim. This is the no-fault claim, with compensation available to practically anyone who is injured and files a claim under the Statutory Accident Benefits Schedule, or SABS, system here in Ontario.
- Tort claim. This is a lawsuit filed against the party or parties at fault. This legal action is to recover compensation for additional expenses or benefits, such as those not covered by SABS.
Accidents in Ontario, New Brunswick, Nova Scotia, Prince Edward Island, and Quebec are all governed by a no-fault system when it comes to motor vehicle accident benefits. Bicycle accident settlements may ultimately include one or both of the above types of benefits, with the average bicycle accident settlement varying depending on the severity of injuries and what damages are included in the claims.
Many people mistakenly believe that no-fault means they cannot sue, but that is not true. Statutory accident benefits laws in Ontario mean that anyone involved in a motor vehicle accident can file a claim in spite of who is at fault:
- Drivers
- Passengers
- Cyclists
- Pedestrians
The best way to protect yourself right from the start is to collect as much information as you can at the scene of the accident if you are able. This might include:
- The license plate number of any car involved
- The full name and driver’s license number of any driver involved
- The driver’s contact information.
- The driver’s insurance company and policy number
- The names and contact information of any witnesses.
Getting license plate numbers can be especially important if the driver decides to flee the scene — something that might happen if they know they have acted negligently. Regardless of how cooperative drivers are at the scene, however, no-fault systems do not mean that negligence cannot be a factor, and in some cases, the cyclist can pursue legal action against the negligent driver — even if you have received accident benefits.
How Long After Do You Have to Make a Bicycle Accident Claim in Ontario?
Speaking with a bicycle accident lawyer as soon as possible after being injured in a cycling accident with a car is one way to make sure that you do not miss important filing deadlines. When you are filing a bicycle car accident insurance claim, the process for applying for accident benefits might be a little different from when you are involved in a car accident as a driver.
Under Ontario law, people who have been injured need to report their accidents within seven days of the accident, regardless of who is at fault, in order to receive statutory accident benefits. But who do cyclists report the accident to?
- If you have auto insurance: If you do have your own auto insurance, even if you were not driving your car at the time of the accident, you should file your claim with your auto insurance policy.
- You do not have auto insurance: Some full-time bicycle commuters do not have their own auto insurance. In this case, you will need to file your claim for accident benefits with the insurance company of the vehicle that hit you.
In the event that the driver who hit you does not have insurance or fled the scene of your accident after hitting you, you can still file a claim for benefits with Ontario’s Motor Vehicle Accident Claims Fund (MVACF).
If you are thinking about filing a lawsuit after your injury, you will need someone who can help you understand whether you are eligible. The Insurance Act determines who can file a lawsuit in addition to receiving accident benefits. To claim pain and suffering there are two requirements to take advantage of this legislation:
- You need to demonstrate that you have permanent and serious injuries
- You need to demonstrate that the quantum of those injuries are over a certain monetary deductible.
Some people do not realize how serious their injuries are, especially in the case of invisible injuries like chronic pain, brain injury, and psychological injuries. However, there are even more timing factors to consider when it comes to protecting your possible right to file a lawsuit after a bicycle accident:
- In most cases, filing a lawsuit in a personal injury case needs to happen within two years of the injury
By contacting a lawyer immediately, you can work to make sure you have the information you need to maximize your bicycle/car accident settlement in a way that will cover the costs of recovering from your injuries as well as any other damages to which you are legally entitled.
Is It Worth It to Sue After a Bicycle Accident?
If you were hit by a driver while riding your bicycle, you are eligible for possible Statutory Accident Benefits under provincial law. When recovering from the kinds of injuries that often affect cyclists who are hit by a motor vehicle, these benefits can be critical to your recovery. Here are some of the bicycle car accident settlements possible:
- Income replacement benefits: This compensates up to 70 percent of your gross wages, or $400 per week, to replace lost income while you are unable to perform your usual work duties. The $400 per week can be increased up to $1000 per week if you have purchased optional benefits before your accident.
- Non-earner benefits: This pays a rate of $185 a week to those who were unemployed at the time of their collision and have suffered a complete inability to carry on a normal life.
- Caregiver benefits: This covers reasonable expenses for those who have been injured and are unable to care for those people for whose care for which they were responsible before the collision.
- Medical and rehabilitation benefits: This compensates injured people for reasonable and necessary expenses, dependent on the level of injury.
- Attendant care benefits: This pays for services provided by a personal support worker or care at a long-term care facility as a result of injuries sustained in the accident.
- Other expenses: This covers a wide variety of expenses related to the consequences of the accident and the injuries suffered, from lost educational expenses to damage to some personal property.
The laws that determine how statutory accident benefits are determined are very specific, both in how they are determined and the amount of benefits available, including death benefits in the event that the accident is fatal. Depending on each unique situation, benefits may include:
- Compensation up to 70% of your gross salary before the accident, up to $400 per week or more
- Up to $50,000.00 in rehabilitative and medical expenses OR
- Up to $1,000,000.00 in rehabilitative and medical expenses if your injuries are considered “catastrophic”
How Can Derek Wilson Personal Injury Law Help?
As an injury lawyer, I use what I learned working for big insurance companies to make sure that, when bad things happen to everyday people, they have someone ready to help. I represent a relatively small number of clients annually so that I can continue to give each my personal attention.
Some people are concerned about the cost of hiring a lawyer, but an attorney with your best interests in mind will generally offer a free consultation and will not take your case unless they believe in your ability to be successful in your claim. Additionally, many personal injury lawyers work on a contingency fee. This is generally a good thing.
For one, it means you can expect that any lawyer who takes your case is confident they can build a strong claim. It also means you are not out any money owing to your lawyer if your claim is less successful than you hoped. However, you do need to account for the legal fees when considering the final settlement amount you can expect to receive. Understanding the contingency fee process is important, and you should be prepared to ask any lawyer you speak to about their fee arrangements.
When you reach out to Derek Wilson Personal Injury Law, your intake will be conducted by one of my law clerks. If your intake indicates that your situation might benefit from legal representation, we will ask you to schedule a longer consultation with me directly. I’ll ask you to share more of your story with me, and together we can talk about your options. Call us at 855-769-0418 to schedule your free consultation, or get in touch online.
